In an aerial view, the Virginia State Capitol is shown on July 12, 2023 in Richmond, Virginia. (Photo by Win McNamee/Getty Images)
Virginia Democrats’ efforts to counter President Donald Trump’s redistricting gains across the country scored a procedural win Wednesday, when the state court of appeals hurried the case* to the state supreme court.
The move gives the supreme court a chance to overturn a lower court decision halting Virginia redistricting and makes a quicker ruling likely on an issue that is critically important for voters.
Last month, Virginia lawmakers passed a constitutional amendment that — if approved by voters — would allow them to redraw the state’s congressional map in response to GOP-controlled states that have redrawn maps at Trump’s demand.
Virgnia’s congressional delegation is currently made up of six Democrats and five Republicans. Redistricting could net Democrats up to four more seats in Congress.
But a state judge blocked the measure, ruling that lawmakers did not properly follow procedural rules last year when they took an initial vote on their plan.
Democrats swiftly appealed, arguing the decision was “legally flawed, unprecedented, and the product of court-shopping designed to block Virginians from voting on their own Constitution.”
In the latest development, the state court of appeals took the unusual step of sending the case directly to the Virginia Supreme Court, rather than issuing its own decision.
The court wrote that it was taking this approach because the case presents questions of “such imperative public importance” that it requires a “prompt decision” in the state’s highest court. However, two of the appeals court’s judges did not support the move.
The state supreme court will decide whether to hear the case at this stage.
If the court rules in their favor, Virginia Democrats plan to send the proposed constitutional amendment to voters in April.
Virginia is set to hold its primary election on June 16, but the date could be pushed back depending on how the redistricting battle shakes out.
Florida Republicans are poised to hit back with their latest gerrymander when lawmakers meet for a redistricting special session in April. That state’s congressional delegation is currently made up of 20 Republicans and eight Democrats.
*Intervening defendants are represented in the lawsuit by the Elias Law Group (ELG). ELG Chair Marc Elias is the founder of Democracy Docket.
